Malavi Pathirannahelage Vindya Ruwangi Perera & Others vs Walpola Mudalige Podihamine & Others – SC APPEAL 157/2013-2017

In the case between the 7th to 9th Defendant-Appellant-Petitioners (including Gunasena Mudalige and others) and the Plaintiff-Respondent-Respondents (notably Walpola Mudalige Podihamine and others), the court addressed whether the petition of appeal was properly tendered to the District Court within the 60-day period prescribed by Section 755(3) of the Civil Procedure Code. It was held that the petition of appeal was not effectively presented on time, due to clear discrepancies in the date stamp and the Registrar’s minute confirming a procedural error. The principle reaffirmed is that appellate procedures must be strictly complied with, and failure to follow prescribed filing requirements invalidates the appeal. Reliance was placed on statutory procedural mandates, underscoring that proced

REF: SC APPEAL 157/2013-2017 Category: Tag:
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